COMMITTEE. (Hansard, 19 June 1882)

§ VISCOUNT FOLKESTONE
said, that before the clause was passed ho would 1716 move the addition of the words "of every edition and every published copy" after the word "cover," in line 13.

§ VISCOUNT FOLKESTONE
moved, as an Amendment, in page 1, line 19, to leave out "incumbent upon the proprietor of such copyright," and insert "necessary." The noble Viscount said, it did not appear to be generally understood that the owner of the copyright and the owner of the performing right were two distinct persons. If the word "necessary" were inserted, the clause would not point at the wrong person, as it did at present.

§ VISCOUNT FOLKESTONE
moved, as an Amendment, in page 1, line 21, to insert after "Act"— Or that, in the case of musical compositions printed before the passing of this Act, and in which such right of public representation or performance and such copyright are not vested in the same person, and notice to the like effect has within six months after the passing of this Act been given by the person in whom such right of public representation or performance is vested to the person in whom for the time being such copyright is Tested. The noble Viscount said the object of the Amendment was that people who wished to sing a song, and who did not know in whom the right of public performance was vested, should have a ready means of ascertaining the fact. I At present there were no means of ascertaining the fact; but under this Amendment it would be necessary that the person in whom the copyright was vested should keep a list in his shop, or place of business, of the names of those in whom the right of public performance was vested.

§ MR. WHITLEY
doubted whether the Amendment would really carry out the intention of the noble Viscount. It was proposed that notice should be given by the person in whom the right of public representation or performance was vested to the person in whom the copyright was vested.

§ VISCOUNT FOLKESTONE
said, that that was not the person performing.

§ MR. WHITLEY
said, assuming that a person had not given that notice at all, and brought an action for penalties—

§ VISCOUNT FOLKESTONE
said, it was only in regard to the performing right that they would wish that an action for penalties should be brought.

MR. GORST
said, the Amendment carried out the object of the noble Viscount. The owners of the performing right in some cases were not the owners of the copyright, and a person who sang a song, if he wished to retain the performing right, would give notice to the person who owned the copyright. A person, therefore, to find out if a certain song could be sung, would have to go to the owner of the copyright for information. That was the law, whether it was a protected song or not.